POLS 520 final exam

What is a negotiating strategy? What components might be included in a negotiating strategy?

"A detailed plan for a negotiation, made up of various tactics, thoughtfully assembled, and aimed at achieving specified objectives Plot out different paths to help deal with and think through potential problems Components: an agenda, think about working relationship, tone, physical characteristics (body language, seating arrangement), questions to ask/missing information, BATNAs, interests (finding out theirs and making mine known), objective standards, creative options (brainstorming), timing, yes-able proposition

What do they mean by an "unconditionally constructive" strategy? (37-39)

"In any relationship, I want to be able to take steps that will both improve our ability to work together and advance my substantive interests, whether or not you respond as I would like. In short, I am looking for guidelines I can follow that will be both good for the relationship and good for me, whether or not you follow the same guidelines. In that sense, this strategy is 'Unconditionally constructive'." Do things that are both good for the relationship and good for us, whether or not they reciprocate. The Strategy: Rationality. Balance emotions with reason. Understanding. Even if they misunderstand me, try to understand them. Communication. Consult them before deciding. Reliability. Neither trust them nor deceive them. Non-coercive models of influence. Do not yield to coercion and do not try to coerce them. Be open to persuasive and try to persuade them. Acceptance. Even if they reject our concerns, accept them as worthy of our consideration. Care about them. Be open to learning from them.

When confronted with McCarthy's criticisms of the brainstorming concept, Fisher 'sticks to his guns' with respect to one key maxim. What is it? (69)

"Invent first; decide later" Negotiators benefit from the ability to develop as many options as possible before getting into details, hard decisions

How does Fisher define "negotiation," and 'real' negotiating power? (150)

"Negotiation": two or more parties are communicating, each for the purpose of influencing the other's decision. Real Negotiating Power: "If I have negotiating power, I have the ability to affect favorably, someone else's decision...one can argue that my power depends on other's perception of my strength, so it is what they think that matters, not what I actually have."

What are "partisan perceptions," and how might they adversely affect a negotiation? (200-2)

"Partisan perceptions"-- preconceived notions of the other side Adverse effects-- distorted analysis (easily misinterpret intentions, ignore information that doesn't fit with preconceived idea) fears of possible action (inherently competitive)

Does Fisher approve of the idea of starting a negotiation with a hard line: "Start tough, you can always get soft later"? (152)

"The more firmly one is committed at an early stage to carrying out a threat, the more damaging that threat is to one's negotiating power." Starting out tough is not always the best strategy as it can be received as a threat and can be counterintuitive.

What are the advantages and disadvantages of positional bargaining? (17-22)

* Advantages: familiarity and tradition, useful in situations like haggling where relationship doesn't matter or stakes are small * disadvantages: tactics invite reciprocal treatment (playing hard makes the other side also dig into their position, no one wants to budge), parties can overlook potential deals (creativity can be stifled, claiming value versus creating value), can hurt relationship, doesn't work well in large groups, doesn't work well in emotional situations,

. What are the "reservations" that McCarthy identifies, e.g., points in Getting to Yes that he feels should at least be qualified? (59-60)

* Always improving future relationships is too general as a goal. Example of union negotiators who may not be benefitted by focusing on future relationships. *setting aside trust. While it may not be most important, trust does have a significant role *Taking community interests into account. Constituents can't limit options like a negotiator can, bringing up public may create hostility (right v wrong) *Avoid starting from extremes. Useful in collective bargaining, moderation can create more confusion in understanding the other side, opening position is important (agrees on the need to be careful with how bold to go in opening) *Brainstorming sessions. Only serves to avoid hard decisions. Two or three options should be hotly debated.

What is "positional bargaining": how might its process and tactics be described, and what is the typical course of a positional bargaining negotiation? (8-17)

* Def: Each side assuming a particular posture making demands of the other * tactics: you ask for more than you expect to get and offer less than you expect to give, competition of who can be more firm *typical course is like haggling

How might a "negotiation" best be defined, what points characterize negotiations, and what is the ultimate aim of a negotiation?

* discussions between different parties that aim to adjust differences, conclude a transaction, take advantage of an opportunity, or resolve a dispute or conflict *Characteristics: identify problems or opportunities, communicate and exchange views in hopes of mutually beneficial agreement, * ultimate aim: formulate an agreement that both parties agree to

How does White define "distributional bargaining," and what distinction does White draw between the problem-solving and the distributional aspects of negotiation? (116)

- "One for me is minus one for you" - Problem solving, using creative solutions to be mutually beneficial, can only go so far. Negotiators often run into problems that are purely give and take (i.e. Workers asking for higher wages, and the company choosing whether to give the money to the workers or as dividends to shareholders)

What is a "template" or "framework" agreement, and why might creating one be useful? (253-54)

- A skeletal draft that might outline that key provisions and represent issues that need to be worked out. - Using a guideline document keeps the discussion focused, surfaces important issues that might otherwise be overlooked, and gives you a sense of progress. It also provides a record of the discussion that reduces misunderstanding in the long run.

What is a yesable proposition? What are its characteristics? (241-42)

- A yesable proposition is a proposal that is sufficiently clear and comprehensive, with t intent of that the other side could simply say 'yes' and the deal would be done. Yesable propositions meet the interests of each parties, are mechanically easy to say yes too, are usually concrete (meaning no one is looking to gain better ground after the proposal is advanced), and characterized by joint decision-making in the pursuit of mutually benefical resolution.

What are "contingencies," and what is "reactive devaluation"? (238-39)

- Contingencies are issues that might arise through chance, accident, or design. Potential contingencies should be addressed before the final agreement and it should be identified whether or how the agreement should speak to them. - Reactive devaluation is a psychological phenomenon that occurs when one side unilaterally offers a concession it believes the other side should value and the other side reacts by devaluing it.

How do the others suggest that one break out of a stereotype about another? (129)

- Deal with the real people, or focus on the particular history of the individual person with whom I am now dealing. 'Cardboard characters' are replaced with real humans who are harder to dismiss on a personal level or as unworthy.

Fisher argues that it is possible to fractionate an international dispute by treating it as one between individuals, not between governments (95), by insisting that some matters are non-governmental in nature (96), and by spreading a conflict over a time scale (97), but how does one go about expanding the size of an issue? (97)

- Defining the subject matter broadly - Bringing in related subjects

Fisher and Brown list three common "fears" that may make someone reluctant to accept another as a negotiating counterpart, and they offer three responses to those fears. Basically, what are the fears, and what are the responses? (131-33)

- Fear: Won't acceptance encourage bad behavior? The response is to accept all negotiators as a matter of policy - give everyone a chance to be heard without indicating that bad behavior gains an audience. It is simply a matter of policy. - Fear: Won't supping with the devil contaminate me? By supping with the devil, we learn more about him. Being willing to learn about the other people we do not trust or necessarily like still allows to understand more about them that might make it easier to reach an agreement. - Fear: Won't I give up a bargaining chip? By rejecting a negotiator, you essentially cripple the negotiation entirely. Accepting your fellow negotiator allows you to bargain more effectively because you will get nowhere ignoring the other person.

When should a negotiator opt to postpone a final resolution? (251-52)

- If there is still missing information - If a more realistic, operational, and optimal agreement could very be achieved in the near future - an existing concern that while the negotiators "fill in the blank" the situation will deteriorate rather than stay frozen over time

What examples does White use to support his statement that there is a continuum (shades of grey, one might say) between appropriate full disclosure of information to a counterpart and inappropriate deception of that counterpart? (119)

- If you are buying houses in an area, and a lawyer says, "Now I understand you've been buying other houses for $20,000," when you've been buying for $60,000. Should you correct them if it's mutually beneficial to set the price at 25? Boom, it's a grey area - If you're selling and say, "We have other offers - we are just asking for $25,000," when your other offers are $10,000. Is that ethical?

What danger lies in defining a subject too narrowly? (97)

- Little possibility of bargain, little flexibility, outcome may only benefit one side.

How might you enhance the credibility of an offer? (243-44)

- Make it specific and precise, avoid exaggerations - explain the rationale behind your offer

Does Fisher argue that it is always wise to fractionate a conflict into little issues? (93,104)

- Much easier to reach an agreement on smaller issues and see around black and white determinations of the other party's character (ie focusing on economics with Cuba and not talking about their history with Russia)

What are the ideas of "buyer's remorse," casual commitment, and over-commitment, and what exactly is a ratifier? (245)

- Over-commitment and other associates ideas reflect commitments made that cannot realistically be upheld or executed. - Ratifiers are the individuals who have the conclusive decision to approve or disapprove the negotiated deal (on pg. 259).

What does Roger Fisher identify as two typical flaws in government instructions? (34)

- Participants likely assume that their task is to reach an agreement on 'something' or a specific position that he or she will demand and treat as the minimum that he or she has the authority to accept. This creates a stalemate or a minimum position that is at odds with the real world. - Government tends to limit discretion on the ground that unlimited discretion poses too much risk.

What does Fisher see as the significance of his statement: "People and governments can choose which congeries of events shall be considered as a unit for the purpose of working out relations with others? (93)

- People chose how to approach issues, and often combine them in order to serve other purposes. He sees this as the main problem to confront when trying to negotiation international conflicts.

Why does White believe that the emphasis in Getting to YES placed on the use of objective criteria is a naive misperception? (116-17)

- Rarely do negotiators ever just set a position or price X and stick to it. - Objective criteria is difficult to set - everyone has different metrics to set "objective" numbers and relations

What dangers does William Ury identify to reacting in these ways? (36-37)

- Reaction has numerous implications, namely that is causes an individual to lose sight of their interests and objective reasoning they need for negotiation. Further, reaction leads to an unproductive cycle of action and reaction that leads to no solution.

What message is sent, according to Roger Fisher and Scott Brown, by rejection, or non- acceptance, as a negotiating counterpart? (126-27)

- Rejection or non-acceptance sends an exclusionary message: "I am in the inner circle, you have not been admitted." This messages undermines and belittles your counterpart and reduces the likelihood that they will be interested in having any communication with you. They will have little interest in understanding your perspective, trusting you, and working with you in general.

What three tactics does Ury believe tend to trigger reactions? (39-41)

- Stone walls, or obstructive tactics, is when a counterpart refuses to budge and feigns complete inflexibility or insists on a final ultimatum. - Attacks, or offensive tactics, are pressure tactics designed to intimidate and make a counterpart feel so uncomfortable they eventually yield to demands. Examples include threats of dire consequences or attacks on the proposal, a negotiator's credibility, or a negotiator's status and authority. - Tricks, or deceptive tactics, take advantage of the fact that you assume your counterpart is acting in good faith and telling the truth. Examples include manipulating data, lying about final decision-making authority, or adding on last-minute additional demands.

What three common reactions occur when a person is confronted with a difficult situation? (33-36)

- Striking back, or to react to a perceived attack with an attack of your own. - Giving in, or to feel so uncomfortable due to pressure that you give in just to be done with in. - Breaking off, or completely breaking off relations with a difficult person to organization.

What do the authors mean by recommending that negotiators not overload trust? (120)

- The authors explain that by trusting more than we should, we can aggravate the problem of mistrust. Being too trustworthy can expose a negotiator to excessive risk or increase the likelihood someone will take advantage of your trust and be encouraged to act dishonestly.

What do the authors mean by saying that a negotiator making himself or herself more trustworthy is "unconditionally constructive"? (116)

- The authors mean it is good for a negotiator whether or not the other person does anything to make themselves more worthy of trust - even if they do nothing, you have developed your reputation of reliability and cultivated better working relationships.

What do the authors mean by arguing that people tend to "dump all 'trust' issues into one pot," and how would they, instead, distinguish among grounds for concern about trust? (123-24)

- The authors mean that distrust is infectious - while we initially believe someone is unpredictable (and therefore untrustworthy), we might further use that impression to conclude someone might also be dishonest. While distrust might be stimulated in one way, it might lead us to believe you are untrustworthy in another way. - Different grounds for concern: Incompatible intentions (we have different interests), forgetfulness (we forget), unpredictability (erratic behavior).

What doe the authors mean by "risk analysis," why do they recommend relying on it, and what would be an example of it? (128-29)

- The authors recommend assessing the risks of reliance against the risks of not relying to determine whether or not to trust a doubtful person. What kind of damage will you assume if the deal falls through? This is a more objective way to approach trust than relying purely on morality or personal affections. This protects the negotiator from make ill-decisions that stem from trust or distrust - for example, You may have a good friend who you feel highly confident about, but if he knows little about how to run a business, you should not invest your life savings in his new company.

Fisher argues that when problems are joined in an offer, that process may be constructive; however, does the focus of the parties shift, when issues are joined? (97-98)

- The focus shifts to trading concessions on the two issues and recognizing the importance of more than one issue, but may encourage inclusion and discussion of many other related topics.

What does Fisher mean by the statement that "international negotiations often involve three layers of positional bargaining"? (34)

- The government limits discretion with the belief the negotiator can just ask for the authority to make a final decision and the government can respond by determining if this decision is justified. This creates a three-step process that resembles an internal negotiation: 1) bargains between different interest's groups within each government 2) bargains between each negotiator and his or her own government 3) bargains between two negotiations acting on behalf of their respective governments

I. What does Fisher argue with respect to the three lessons commonly drawn from the pre-World War II Munich agreement, and what does he mean by the ultimate conclusion "that the famous slippery slope goes uphill, not down"? (102-3)

- They haven't received enough study. - 1. "A country may not succeed in pacifying another by yielding to their last demands - appeasement is bad." Concessions not yielding the expected results don't have much to do with precedent. -2. "Party to whom concession has been given may think procedural precedent of getting things has been set, and may seek further concessions in the same way." -3. "Governments are tolerant to a certain degree and expect reciprocal concessions. Making concessions stiffens consequent stances." - It goes uphill, in that as concessions are made, it is increasingly difficult to make the other party concede again without making a concession yourself.

What does Ury feel is the key to neutralizing these tactics? (41-44)

- Ury believes, "The key to neutralizing a tactic's effect on you is to recognize it." If you are able to recognize a tactic, the less likely you will be to believe or succumb to it. Further, you should recognize how you yourself are feeling to, again, recognize when your opponent is pushing your buttons and to allow you to control your own natural reaction to the tactic.

What does Fowler mean by "gaining client or constituent approval," "sharing credit and saving face," and "looking to the future," and why are each of these important in many negotiations? (259-61)

- important things to think about before closing an agreement

According to Roger Fisher, what characterizes the relations between two hostile countries? (91)

-Each small international incident is seen as a part of a large total conflict, nation-to-nation.

What are three ways in which neutral intermediaries sometimes 'arrive on the scene' in a negotiation, and what are two problems associated with their possible 'entry'? (137-38)

1. A participating party may suggest a neutral person 2. A neutral party may present him or herself to the parties and volunteer to help 3. A "disinterested observer" may suggest they seek outside help 1. Parties may not seek out a neutral person to protect their public postures 2. Don't want to give up "control" of the outcome to another person

E. Fisher suggests that one might measure the size of a conflict issue on five dimensions. What are they, and does he feel that there is some choice as to their size? (94)

1. Parties on each side of issue 2. Immediate physical issue involved 3. Immediate issue of principle 4. Substantive precedent settlement will establish 5. Procedural precedent settlement will establish Certain amount of choice as to how big/small the parties make it, but not entirely independent

What are some effective techniques for overcoming stalemates? (179-90)

1. Try to "Build a Golden Bridge" 2. Make Trades Trade-Offs (one negotiator promises to do something in exchange for another agreeing to do something else) (i.e. side payments— one party does something in exchange for getting something else in return) Trade Across Issues (although both sides might see value in something, one might want it much more than the other does) Strengths of Feelings Time Value of Money (the idea that gaining a sum of money today is more valuable than gaining the equivalent amount at some future date) 3. Fractionate or Enlarge the Negotiation 4. Fashion a Contingent Agreement Formulaic Negotiation (coming to an agreement on an equation, but not knowing the outcome of that equation until missing information is gathered and inserted) Types: contingent if an event happens or a particular fact is proved to be true, contingent if a bonus is provided

What are the advantages that Roger Fisher and Scott Brown identify in a trusting working relationship and the problems of distrust between negotiators? (107)

A high level of trust allow individuals to accept statements between one another without question and to treat all promises as reliable. This makes agreements and negotiations easier, accomplished a more simple and efficient basis. However, a high level of distrust in a relationship creates problems and makes them difficult to solve. The individuals do not consider the other side to be reliable or honest, therefore making it difficult for them to agree to anything with confidence.

How does one's negotiating capabilities affect one's power? (153)

A powerful negotiator is more resourceful, has better ideas, a superior strategy, or more experience concerning how to prepare and how to proceed in the talks. The ability to find relevant information in preparation also enhances capability

What does Fisher mean by "the power of skill and knowledge"? (153-54)

A skilled negotiator is better able to influence the decisions of others than that of an unskilled negotiator. Knowledge is power in the sense as a wide range of negotiating procedural styles as well as awareness of national negotiating styles and cultural differences. The more information one can gather about parties entering a negotiation the stronger one's entering posture.

What do Fisher and Brown mean by arguing that a clear distinction ought to be made between acceptance and approval, and what three things does accepting another not mean? (127-28)

Acceptance implies that you are willing to work with someone, but acceptance is distinct because it does not mean that you will always approve of your counterpart's behaviors. Accepting does not mean 1) We accept their values 2) We accept their perceptions as correct 3) We approve of their conduct or consider it as acceptable.

What is the "hardest thing" for a mediator to do? (139)

Act like a neutral party. There are some personality types that you will find disagreeable, but you still have to deal with them fairly as mediator.

How would you summarize the views of the advocates and the skeptics with respect to the influence of culture on negotiation? (279-87)

Advocates: Culture is an important variable, more than just manners. Affects fundamental ways of thinking, attitudes, reaction to parts of negotiation Skeptics: Hard to put to practical use, scapegoat for bad negotiations, concern over generalizations

What are the most important reasons that an organization confronting a complex negotiation so often chooses to assemble a negotiating team? (44-45)

Allows for specialization, better brainstorming,

. Why does King believe that humor increases creativity? (120)

An experiment that suggests that humor that brings unrelated humor together in surprising ways may help disputants and negotiators alike explore a variety of alternatives as they seek to develop an acceptable resolution.

What are the characteristics of an artificial deadline and exploding offer? What problems are associated with using time pressures this way, and how might a negotiator counter a deadline?(211-13)

Artificial deadline-- deadline used as pressure tactic, has no independent rationale Exploding offer-- saying that a certain offer or proposal will expire at a certain time, person making offer is much more powerful, used as a test of faith, person making it ignores any negotiation on the deadline Problems-- irritating, suspect of the deadline (think that it is not real), Countering deadlines-- use other side's interests to suggest change/withdraw of deadline, add a "what if", accept the offer provisionally,

What does Fisher mean by the phrase "request revised instructions"? (41)

As the negotiations proceed and you learn more, you should request revised instructions on developing circumstances to the benefit of reaching a solution

How, specifically, does Ury suggest that one 'involve the other side' in devising a solution? (110-14)

Ask for and build on their ideas. "How would they solve X?" Ask for constructive criticism. "What interests does this fail to satisfy? How can we improve on it?" Offer them a choice. If they refuse to explore options for breaking the impasse, offer them alternatives. Once they select an alternative, they own it.

What are the fundamental elements of negotiating power? (150)

Authority Means Capabilities

What is "cross-cultural noise"? (279-81)

Background distractions somehow tied to cultural differences that may obstruct effective negotiation by causing one side to feel disgust, tension, irritation, or awkwardness. Negotiators should understand suitable behavior to avoid its effect

What do the authors mean by 'binding the parties,' and by 'ratification'? (148)

Binding - Inventing ways to enforce the agreement Ratification - Constituents approving the drafted agreement

What does Fisher mean by arguing that, while people tend to see internal and external negotiations as separate and distinct processes, they really should be complementary parts of an inter-active process? (37-38)

By dividing between the two, it restricts the contributions of knowledgeable people to what each can do within a carefully prescribe role. You want to have a process that permits people to build on each other's knowledge and skills. This means the structure of the negotiations should be flexible and open, with substantial use of prenegotiating sessions and nongovernmental experts. Contacts among everyone should be planned and encouraged rather discouraged. Subcommittees, joint fact-finding teams, brainstorming sessions, and small working groups of specialists from both sides should be put to the use of solving the conflicts.

Why do the authors counsel negotiators not to rely on reciprocity when trying to build a positive working relationship? (31-37)

By relying on reciprocity, a negotiator will most likely be disappointed with the counterparts response or actions. Fairness and acting in good faith (following the golden rule) is measured differently between parties so many people disagree on what is an appropriate action is for reciprocation. An eye for an eye obviously breaks down a working relationship and the possibility of a substantive agreement. "Never wait for the other side to engage in exemplary behavior, nor should we assume our example will be followed."

. What does he mean by "the power of legitimacy"? (158-59)

Can enhance negotiating power by searching for and developing objective criteria and potential standards of legitimacy and by shaping proposed solutions so that they are acceptable to the other side.

What is the difference between a checklist and a packaging strategy?

Checklist: look at each issue on its own merit, advantages: easier issues first to propel things forward, for large negotiations with lots of issues, negotiations where someone is liable to hold the resolution hostage Packaging: discussing each issue thoroughly, table it until all issues are discussed, and then forming proposals that incorporate all issues, advantages: comprehensive deal, more creative,

What different negotiation dynamics tend to bring on impasses? (177-79)

Claiming and Positional deadlocks (when negotiators reach distributive issues and both aggressively claim value, they often come to an impasse. More generally, positional-bargaining strategies can readily lead to stalemates i.e. negotiating along a "single dimension"). Sometimes the impasse concerns a last gap— a final issue about which the parties fundamentally disagree and have become deadlocked. Psychological Barriers (impasses sometimes arise when one or both parties erroneously size up the situation). Ex. Frustration, over confidence, intent on justifying past behavior, etc.

Why does Cleary dislike "mediator's proposals"? (153)

Cleary thinks they are incredibly novice, liable to favor one side, and the mediator should not act as a negotiator unless given the blessing by both parties in advance

What is "ex parte contact," and how should it be done? (141)

Contact with only one side. It must be legitimate to maintain your credibility, and you should let the all parties know when you are meeting with one in particular

What is meant by "culture" and "deep culture"? What varieties of culture exist? (270-75)

Culture = distinctive sets of values and attitudes, norms and beliefs, that usually evolve slowly with the experience and tradition of particular groups Keep in mind: slippery concept, hard to define clearly. Constantly evolving. Deep Culture = society's values, ideology, religious ideas, and collective memory Types of Culture Regional and national High-context (honor, status, hierarchy) and low-context (business-like, individualism, explicit) Ethnic, religious, occupational (corporate culture) Sub-culture (within culture) and supra-culture (regional)

What tips does Ury have for how to best manage the very end of a negotiation? (127-29)

Don't ask for final commitment until the end. People are worried of a step-by-step approach where if they concede an inch they will be taken for a mile. Reassure them that nothing is final until the entire package is negotiated. (Jimmy Carter - Israel & Palestine) Don't rush to the finish either. If you hurry the other side, they may explode over something trivial. Slow down if necessary. Encourage consultation with constituents. Caucuses may mean they can educate constituents of challenges within a deal. Take time at the end to go over each issue carefully and if possible get it in writing.

In trying to satisfy unmet interests, what specific pointers does Ury suggest? (114-19)

Don't dismiss them as irrational. This is giving up. Don't overlook basic human needs. Don't ignore the intangible motivations: security, recognition, cultural, autonomy, etc Don't assume a fixed pie: expand it. Look for a low cost, high benefit trade. Something you can give up but would not be a big deal for them. Use an if-then formula: if X happens then Y. Contingent agreements based on a change in the environment (ex. increased sales)

What should a government and its negotiator focus on in the early stages of an important negotiation? (36)

During the early stages, communication between a government and its negotiator should be concerned with interests, options, and criteria of fairness.

How are threats made effective, and what distinguishes a threat from a warning? (208-10)

Effective threats-- must be something harmful, credible (the more precise a threat is the more likely it will be believed), are morally or legally justified Threats v warnings-- threat is confrontational, "do this or else", a warning is cautionary and indicates what is likely to happen if something does or does not occur, warning is more neutral and respectful,

What are some common examples of body language, of people communicating through their expressions and actions? (92)

Examples: Furrowed brow (puzzlement), stroking beard (evaluating), clasping hands (sympathy), hands clenched (tension)

What is the distinction between "internal" and "external" negotiations? (47-49)

External- negotiations with the other side, outside counterparts Internal-- preparing the team before hand, talking about interests, goals, etc

Why does Ury feel that face-saving is at the core of the negotiation process, and how does he define "face"?

Face is much more then ego. It is shorthand for their self-worth and dignity. People want to act in such a way that they are in line with their principles and prior statements. Nobody wants to be a traitor.

. What is the 'time-is-on-our-side' factor that McCarthy identifies as at the core of many power struggles in negotiations? (65)

Factors such as morale make one side think that the longer a negotiation goes, the more favorable it will be to them. A way for the power of one side to present itself after a long process Good negotiator gets best possible outcome when time is most favorable.

Why is positional bargaining, or haggling, according to Fisher, often not the "best game to play" for a negotiator? (68)

Fails to develop understanding of the other side, jumps to conclusion No cooperative problem solving can be done

What does he mean by the power of a good relationship, of a good alternative, and of an elegant solution? (155-58)

Good relationship: the better relationship one has with whom they are negotiating the more power one has in each situation. The most important components of a good relationship are trust and communication. Good alternative: Carefully considering one's alternatives during preparation for a negotiation and attempting to improve those to every extent provides more negotiating power. Elegant solution: the more complex the problem, the more influential an elegant solution can be. Brainstorming solutions enhances negotiating power and increases the chance of satisfying my interests while also finding an option that can work for the other party.

What is a "gesture-cluster"? (94)

Groups of related nonverbal body movements that together are likely to communicate some attitude

What are the characteristics of "hard" and "soft" bargainers, and how might one best respond to a hard bargainer? (196- 200)

Hard bargainer-- positional, interpersonal conflict, coerce, toughness, competitive, Soft bargainer-- emphasize positive relationship, friendly, trusting, agreeable, concessions Response to hard bargainer-- negotiation jujitsu, restating their positions as interests, redirect conversations when they come to positions, make them choose between cooperative and hardball

What are some of the means by which one obtains influence over others? (151-52)

Having a strong BATNA Using resources to influence a counterpart Perceptions on strength from a counterpart

What are examples of national negotiating characteristics? (287-90)

How people of a certain nationality tend to strategize, tactics they use, how they solve problems, their lines of reasoning Japan: Risk-averse, probing other side with questions to gauge interests/priorities, reluctant to say no, follow their organization, deductive reasoning.

What are some of the potential disadvantages of the use of humor, and, in particular, what are the four areas where, Wimmer argues, humor can have a negative effect? (196-98)

Humor can have a negative effect if the timing is wrong, the personality of the mediator (if you're not a funny person, don't bother), it is employed unethically (you end up closer to one side or you offend another party), and power differences (more powerful parties might use sarcasm or irony as a weapon against weaker participants)

What three positive things does Karen King believe humor can do in a negotiation? (119)

Humor can reduce tension, create social cohesion among the parties, and encourage creativity.

What distinction does King draw between wit and humor? (121)

Humor is good natured and directed toward oneself but wit is aggressive and almost always directed at others.

What does Cleary mean by "absorb conflict"? (142-43)

If parties get heated during a negotiation, you must do your best to be expressionless. You can acknowledge their points, but the goal is to maintain neutrality

What are some factors that might cause another negotiator to distrust me? (109-11)

Ill-conduct that demonstrates unreliability or untrustworthiness. Examples include erratic conduct, careless communication, lightly-made promises that are rarely kept, and deliberate dishonesty or deception. - Personal perceptions or bias that may estimate someone as unreliable or untrustworthy (EX: you are a lawyer, so I think you are a rat).

What does King suggest a negotiator do when humor seems to being misued? (122)

In some situations, ignoring the sarcastic remark and moving onto another topic signals the unsuitability of his or her use of humor. However at other times, confronting the participant directly is necessary.

Why might a negotiator misrepresent some of his or her concerns? (122-23)

In various circumstances, there may be a strategic advantage in downplaying or expressing neutrality about an interest. So that your counterpart does not not take advantage of that interest, may also overstate interest in something they don't care much about,

How does a mediator create the atmosphere for an agreement? (156-60)

Inevitability - letting both parties know a deal will be reached (i.e. now or after a labor strike) Create a sense of teamwork - seating parties together opposite the mediator unites parties Defuse tension - use humor, negotiate with smaller groups, make it clear that this is not personal, just business Create momentum - add a deadline, "throw out the clock" and work 24/7

What is interest-based negotiation, and what are its advantages and disadvantages? (24-26)

Interest-based: emphasize interests over positions. The negotiators try to move past positions and discuss the underlying concerns that are motivating the parties, parties to feel joint ownership over the problem Advantages: can help overcome the reluctance of a party to negotiate, potential overlapping interests, reluctant party may be more likely to negotiate in good-faith, productive working relationship; the parties learn to work together, increases the possible resolutions, creative solutions and to enlarge the "pie" as much as possible. Disadvantages: takes a considerable amount of time, Not best for simple issues, may not work well with other cultures. "In some cultures, the expression of interests contrary to those of another party might be frowned upon, and the interests of all the parties might not be viewed as equally legitimate."

How do the authors suggest that a neutral can help in inventing options, in 'packaging,' and in writing out agreements? (146-47)

Inventing options - Neutral may declare brainstorming period, compile ideas, put forward options parties are hesitant to suggest Packaging - Create options based on private caucuses determining what to trade, suggest possible trades Written agreements - assuring that all parties agree to the same text

How would McCarthy deal with "dirty tricks" (bad manners or efforts to undermine confidence)? (64)

It is only directed at unaggressive bargainer in weak position Easily forgotten if one position is stronger than the other

Why might a negotiator's threat to use 'raw power' weaken his or her influence? (123)

It may deprive a party of knowledge (other party less willing to share), damage a relationship, and undercut legitimacy.

What is the concept of leverage? (141-46)

Leverage is a negotiators ability to move the other side toward doing what he or she wants, ultimately increasing the negotiators chances of attaining his or her goals

How might leverage be used and countered? (146-49)

Leverage is used when a party is in the best position to ask for things that it wants. It can capitalize on the perception its counterpart has of its leverage You can improve your BATNA to counter leverage A party may manufacture a false deadline to counter leverage Parties leverage over each other may cancel out Leverage is often a shifting, not constant factor. Circumstances can change leverage

A. How does Roger Fisher respond to Lord McCarthy's criticism that Getting to Yes over- emphasizes the value of long-term relationships? (67)

Long term relationships can affect how a deal is implemented Negotiator must consider if short-term deal is more valuable than a long-term relationship More likely to pay too much attention to short-term, rules of thumb: Don't threaten a relationship to coerce a concession Don't buy a good relationship by making bad concessions (Appeasement = more bad behavior)

What general points does Greenhalgh make about the use of sports metaphors by males and females? (169) [Do you agree or disagree with him?]

Males as children play games that are competitive and with the objective of defeating an opponent while females may play games that are more focused upon building relationships and ensuring everyone has fun. This he suggests translates into adult males focusing more on winning which may be toxic for a negotiation especially if it is likely to be a recurring interaction after the negotiation.

What are some ways to make good use of a mediator, according to Cleary? (166-67)

Mediators can contextualize the issue and be used to "float an idea." And, of course, the mediator can help with pacing and reality check

Why does Fisher argue it is too simplistic to set aside trust as an irrelevant factor in negotiations? (68)

More trust = more power, more likely to enter into agreement The less an agreement depends on trust, the more likely it is to succeed.

Why does Fisher disagree with McCarthy's equating power with the ability to inflict damage, and what does Fisher see negotiators as influenced by and responsive to? (69)

Negotiators are not influenced purely by self-defense, threats; must be open to reason More influenced by risk; respond to facts and persuasive rhetoric

Does Fisher fully support his own chapter heading -- "Separate the People from the Problem"? (123)

No - it is too broad. Sometimes people and relationships are the problem.

What four common reasons does William Ury often find behind negotiation impasses? (107-8)

Not their idea. Their side was not involved in proposing the solution. Unmet interests. You overlooked one of their interests. Fear of losing face. Too much, too fast. Prospect of an agreement may be overwhelming, especially if it's a big decision in very little time. They may claim they did not have enough time to review.

How, specifically, might a negotiator help a counterpart to save face? (121-22)

One might be to show how circumstances have changed. Yield that your opponent may have been right at some point but that the environment/situation has changed since then. Asking for a third-party recommendation. A proposal that is unacceptable from you may work form a third party. Even if they do not like the recommendation, if they agree to the process then they are not losing face. Point to a standard of fairness. Agree to an objective, enforceable standard.

When does Fisher believe that relationship issues and substantive issues should, in fact, be separated? (123)

One should not threaten a relationship as a means to coerce another and also shouldn't make silly concessions in hopes of buying a good relationship.

How does McCarthy define trust? (61)

Other parties give you reason to believe that they will do their best to guard your back and will also respect confidences and seek to persuade their own sides to accept alternatives that have been jointly agreed upon.

In Table 5.1 Susskind and Cruikshank very usefully identify the key tasks of a mediator in the pre-negotiation phase, the negotiation phase, and the post-negotiation (implementation) phase. Be familiar with these tasks. (142-43)

PRENEGOTIATION Getting started - meet with stakeholders to assess interests and describe process, handle logistics, help id BATNAs Drafting protocol and agenda - with the parties Joint fact finding NEGOTIATION Inventing options - managing brainstorming, suggesting options suggest packages Written agreement - managing and producing a single draft of a single text Binding the parties - holder of the bond, helping invent new ways to bind parties to their commitments Ratification - Helping parties "sell" agreement to constituents IMPLEMENTATION OR POSTNEGOTIATION Monitoring - monitoring implementation Renegotiation - reassembling if disagreements emerge

Why does Roger Fisher argue that distributional issues are, in fact, amenable to joint problem- solving? (121)

Parties have shared interests in solving the conflict. Joint problem solving presents the opportunity to solve not just the distributional problem, but the surrounding issues as well.

What do Roger Fisher and Scott Brown mean by "partisan perceptions," and what do they suggest about them? (24-30)

People see events, issues, themselves, the relationship with counterpart, and objective truths differently, and this is called, "partisan perceptions." Ignoring the perceptions of the other side can deteriorate a working relationship or never allow for enough understanding to resolve the conflict. Values, cultural differences, and behaviors can play a role in how the other party handles a conflict. If I hold different qualities and values pertaining to the way I react to a conflict, I am more likely to blame you for problems in the relationship and justify my own faults as better than yours. Never think that you see the truth, and they are wrong.

. What are "ancillary" and "primary" issues? (236-37)

Primary (or blue chip) issues are the core conflicts/problems in the negotiation. - Ancillary issues (or auxiliary, supplementary, or subsidiary points) are amendments designed to make the agreement more durable, optimal, profitable, or wide-ranging.

What are the seven "areas of agreement" that Lord McCarthy identifies in his appraisal of the advice offered in Getting to Yes? (59)

Put oneself in the position of the other side Focus on interests rather than positions Generate as many options as possible Look to future relationships, not past There is no "fixed pie," must try to enlarge the pie in future BATNA is better than idea of "bottom line." Parties must have a next step if negotiation fails Only reveal BATNA if it is better than the other side thinks it is

How might a negotiator make amends for contributing to a negative dynamic? (217-20)

Recognize some blame for the difficulties, clarify points that may have come off in a mad way, apologies, try to have a considered response when offended (not based on immediate emotions),

Ansgar Wimmer lists ten reasons that a mediator might want to use humor in a negotiation. Be able to list at least three of them. (194-96)

Relief of tension, , heading off negative emotions, reduction of threat level, breaking the ice and creating movement,

Why does a negotiator reveal some and withhold other information? (117-20)

Reveal: give them an opportunity to find ways to satisfy you, gather momentum in reaching a solution, enhance trust Withhold: trick others into making concessions, hide a bad BATNA, might not explicitly say priority of interests,

What problems does McCarthy identify with the analysis of negotiating power found in Getting to Yes? (64)

Says it offers no direct analysis of "the way the cards are dealt" Advice to develop a BATNA offers no guidance on how a BATNA becomes strong, who certain negotiators have power Power is ability to inflict more damage than you receive

What are some singular aspects of e-mail negotiations, and what are the advantages and disadvan- tages of negotiating by e-mail? (343-47)

Singular aspects: response time is varying, make a lot of points at once, without other side having chance to clarify, more tightly focused, need to make more conscious effort to explore interests, Advantages: can be less aggressive, more thoughtful and less reactive, opportunity to think and reflect Disadvantages: tone is easily misread, no body language, lacks human element, reading can be hurried and careless, may be giving more information than the reader can process

What factors does Fisher believe affect a negotiator's ability to exert influence in a negotiation? (122)

Skills and knowledge, state of the relationship, legitimacy of respective interests, elegance of the proposed solution, willingness and ability to commit, and relative attractiveness of BATNAs.

What are the special challenges associated with team negotiations? (45-47)

Slows down the negotiation, differing perspectives and goals, intolerance for dissenters

What are some reasons that a negotiator should not be overly confident of their ability to read body language? (94)

Some body language is ambiguous, and other times a negotiator may be using body language tactically during a negotiation.

Why are considerations of power specific to the task at hand? (152)

Some means of achieving a goal may not work in others Uses the example of an elephant being able to smash an obstacle, but being unable to thread a needle

Why does Greenhalgh believe that negotiators whose thinking is shaped by sports metaphors might focus on the immediate conflict rather than take a long-term perspective? (171)

Sports contests are discrete independent events in which immediate victory is the only concern and is pursued at almost any cost which can be harmful to long term perspective where building a positive and healthy relationship is more beneficial.

What is the "sugarcoating" problem? (120-21)

Sugarcoating is saying things that may be false or untrue to satisfy other side, interests that are impossible to achieve creates false expectations for the other party and misleads them.

According to Patrick Cleary, how much authority does a mediator have? (138)

The Mediator only has as much authority as the parties will give him. This can make him a very weak or powerful player during negotiations.

Finally, what does he mean by "the power of commitment," and what distinction does he draw between affirmative and negative commitments? (159)

The Power of Commitment: the planning of commitments and making arrangements for them can also be undertaken in advance, but making commitments takes place only during what one thinks of as a negotiation itself. Affirmative Commitment: An offer of what I am willing to agree to. An offer of what, failing agreement, I am able to do under certain conditions. Negative commitment: A commitment that I am unwilling to make certain agreements even if it is better than no agreement for me. A commitment or threat that, failing agreement, I will engage in certain negative conduct.

What two propositions about the use of power in negotiation does Roger Fisher identify as, in his view, wrong? (149-50)

The basic way to acquire real power in a negotiation is to acquire the capacity to impose unpleasant physical results on the other side An effective way to exercise negotiating power is to start off by letting the other side know about your capacity to hurt them and your willingness to do so.

What does Cleary mean by "check your conscience at the door"? (148-49)

The ideal mediator is a person without a conscience. You cannot take sides in the negotiation no matter what your judgment tells you. Remember to reality check to help frame the argument, but you walk a fine line between that and neutrality

Why is it especially important to understand how the circumstances at issue appear from your counterpart's perspective? (114)

The more keenly you understand your counterpart's interests, the easier you can envision solutions that will satisfy them and benefit yourself.

Does Fisher agree with the proposition that, since threats of physical force undoubtedly exert influence, the ability to make such threats is the essence of negotiating power? (152)

The pain that we threaten to inflict if the other side does not decide as we like is just one factor among many. Making threats is a particularly expensive and dangerous way to try and exert influence.

What does Fisher argue often happens when all incidents are considered to be parts of one big dispute? (92)

The relationship becomes precarious. Actions and statements are judged on the source rather than the content and merit.

What does King mean by the WRAP system? (121-22)

The system King has designed for developing humor during a dispute resolution consisting of four sequential steps: watch, risk, analyze, and persevere.

What pitfalls does he associated with win-lose metaphors? (169-70)

The win-lose metaphor is zero sum in quality which sets up a situation in which neither side is willing to give up anything in fear of letting the other side gain the advantage.

Why does Fisher see the use of objective criteria as far more than mere rationalizations for positions taken by a negotiator? (121-22)

They can agree on a criteria to measure with together to provide a basis for joint decision making, not just accept it as evidence in one case or another.

What does Cleary mean by "reality checking"? (146-47)

Though the mediator is expected to intervene on the rarest of occasions, sometimes its vital to manage expectations - especially those related to timing (of implementation, pace of negotiations, etc.). It is your job to keep parties productive and on track and down to earth.

How does authority affect a negotiator's power? (150-51)

Titles, duties, and responsibilities of a particular job/what do you have the power to do? Do they have legitimate authority or obligatory authority? A persons position may provide him or her with the ability to make certain decisions

What are the seven elements of principled negotiation, and what role does Fisher suggest they should have in developing instructions for a negotiator? (35)

Too much attention is often paid to the single element of the commitments to be made and the authority to make them, leaving out what the negotiator could be doing with respect to each of the other six elements. Therefore, governments or any other organization should develop instructions that say something about all seven elements to guarantee they are incorporated: 1) the interests of the parties 2) the legitimacy of an agreed outcome as measured by precedent, law, or other external criteria of fairness. 3) the relationships that exists between the parties and their negotiators 4) the BATNAS 5) The options on which parties might agree 6) The commitments of the parties 7) the communication between the parties

What is Fisher's lifeboat analogy? (121)

Two people on a stranded lifeboat arguing over limited rations is distributional. One approach is hard bargaining - each could insist on getting more than half of the rations or they would sink the boat. However, if it is treated as a problem, they can work to solve the issues of how to divide rations, stay afloat, and find land.

What different approach does Ury recommend? (37-39)

Ury recommends not reacting and recommends using the metaphor of the balcony: imagine yourself steeping onto a balcony overlooking the stage where your negotiation has happened. From the balcony, you can calmly step back, collect your wits, and evaluate the conflict objectively. While one side may be interested in action and reaction, you can think constructively for both sides and look for a mutually satisfactory way to resolve the problem.

How does Ury suggest that a negotiator buy time to go to the balcony? (45-50)

Ury suggests: 1) pausing and saying nothing, even if the other negotiator is still on a tirade 2) slowing down the conversation by reviewing the discussion 3) take careful notes 4) call for a caucus or a time-out 5) temporarily divert the negotiation with a story or a joke 6) rely on a partner to continue talking while you go to the balcony 7) wait before making the final decision

Why are there so many individual variations within cultures, and how might multiple cultures influence any particular individual? (285-87)

Variations in individual experiences leads to variations within cultures. Grad school abroad, work experiences, regional and national ties combined (ex. Chinese negotiator influenced by communism and traditional Chinese culture

What do Lawrence Susskind and Jeffrey Cruikshank see as the 'key' to questions that may be raised about the neutrality of an intermediary? (139)

Veto power - any party can disqualify the mediator

What physiological reactions to different emotions sometimes occur? (93)

Voice pitch, perspiration, blush, posture, twitching, breathing,

What complexities make appraising negotiating power challenging? (153-54)

What makes a negotiator powerful may change from one circumstance to another The power of one party is relative to the power of others Whether a party can exercise their power in a particular situation is an open question Power is relative to the task at hand

What does King mean by arguing that humor can "build social relationships" and increase the likelihood of a positive outcome, but what negative aspect of this dynamic does she also identify? (12)

When one person shares a humorous observation with another, a feeling of closeness is created that tends to reduce the divisions that separate them. Negatively, humor that creates bonds between several individuals can, in some situations, backfire. Humor that includes some participants in the dispute resolution but excludes others is a negative influence.

Why do parties renegotiate, and what are the three chief varieties of renegotiation?

Why renegotiate?: Circumstances change over time Post-deal renegotiations (when the original agreement is about to end), intra-deal renegotiation (during the original agreement term, a provision allows for this), extra-deal renegotiation (one party acts to renegotiate without part of original agreement that gives them the power to do so)

What in a nutshell does Leonard Greenhalgh have against using the word "winning" with respect to negotiations? (167)

Winning implies someone must lose, and that inherently is zero sum in nature which is bad for negotiations.

According to Fisher, is it possible to disclose the nature of one's interests without disclosing the intensity of one's feelings about them? (37)

Yes, though it is necessary to put one's interests and concerns on the table. The urgency of each of those interests and concerns may remain undisclosed.

How does Fisher define a "yes-able proposition" in this article? (164)

Yes-able proposition: a clear statement of the action desired and a commitment as to the favorable consequences that would follow.

What does Ury find that negotiators are tempted to do when frustrated by the other side's resistance, and what does he suggest that they do instead? (108-9)

You may be tempted to cajole or insist but pushing may make it more difficult for them to agree. It underscores that it is your idea and not theirs. They may welcome your pressure since now you own the idea. You should actively involvem t hem in devising a solution so it becomes their idea as well. They need to have a stake in it and they should be allowed to safe face.

What does Ury mean by "help write their victory speech" (122-24), and what does he mean by "go slow to go fast"? (124-25)

Your counterpart's constituents may attack their agreement. You have to help them prevent that by offering explanations and good justifications. Anticipate criticisms and help present persuasive counter-arguments. Offer suggestions for reframing to show a retreat as an advance. Don't forget the importance of giving credit. Let others take credit if it means the job gets done. Make the process easy by going slow by breaking the journey into small stages and pacing.

Why is it so important to gain a close understanding of interests and to probe to better grasp interests? (112-14)

interests lay the core building blocks of a negotiation, can work creatively, expand the pie, not leave anything on the table

What is the significance of objective and subjective interests? (103-4)

objective: an interest that promotes the welfare of that side of the negotiation subjective: personal preference or individual concern Significance: want to be able to tell the difference in yourself and in your counterpart, think deeply about the stakes of the negotiation

What are some different ways to handle an offensive comment? (220-22)

pause in communication (clues in counterpart to their offensive behavior and gives a chance for you to collect your thoughts), acknowledge and move on (use body language), confront the party and statement (name the move by saying that it is bullying, engage the comment (a conversation about the other side's purpose in making the remark and your feelings upon hearing it, this leaves options open)

What are some different varieties of interest found in the spectrum of interests that negotiators may have? (106-11)

separate interests: one negotiator has an underlying concern that doesn't impinge on the concerns of other parties shared interests: when underlying concern is in common between the parties dovetailing interests: when the interests are opposite and mesh nicely (one wants something that the other wants to get rid of) tangible interests: about commodities (money, goods) intangible interests: relationship, emotions, concerns for status, conflicting interests: at odds with the other party

Does White view the example of a "warning" in Getting to YES as actually a threat, just a more subtle one? (118)

yes